Relevance of crpc 41(1)b after ab getting rejected from session court judge

crusader (Querist) 12 February 2015 This query is : Resolved
Dear learned Seniors,

Application for AB has been filed in the
the High Court after rejection in the session court. And, date for hearing is not known at the moment. During this time period, can the police take the accused in the custody?

After the SC judgement of Arnesh Kr. Vs State of Bihar, police is still not following CrPC 41 and yesterday they came to my house looking out for me alongwith one of the girl's relative.

Kindly, let me know the precautions to be taken from getting arrested before the commencement of the hearing in High Court.

Best Regards,
#false 498A Victim

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Advocate M.Bhadra (Expert) 12 February 2015
Is it a case u/sec.498a IPC ? then comply sec. 406 IPC to return the Stridhan to the wife. After comply sec.406 IPC the accused may get anticipatory bail, after getting bail sec.41 Cr.P.C.is not relevant.

Guest (Expert) 12 February 2015
There is No Normal Precautions in case AB is Not There.Request the High Court that Case to be Heard On Priority.That is Request the Honorable Judges in Person before Starting Of the Hearing Or at the End Of the Hearings both in mornings and afternoons in the Court.And they Would Provide you the Slip which you should Submit in Concerned Court Office to Bring the Case on Same Day Or the Very Next Day.

crusader (Querist) 12 February 2015
It's a court complaint case under ipc 498a, 406, 323, 506

crusader (Querist) 12 February 2015
Respected Mr. Bhadra,

If wife is lying about the streedhan, it means husband would never get AB. I guess, its a matter of trial.

Regards,
Harassed By 498a

T. Kalaiselvan, Advocate (Expert) 16 February 2015
@Crusader: you are absolutely right that it is a matter of trial to argue about the return of her properties. Now since the police is not aware of the AB pending before the high court since they might not have been served notice to give reply, however, the high court will send the notice immediately, so until then it is advisable to be underground to avoid arrest.